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Sime, Darby And Company Limited vs The Official Assignee on 28 November, 1927

6. The test is, as has been laid down by the Privy Council in a recent case of Sime Darby & Go. v. Official Assignee AIR 1928 PC 77 that where the proper inference to draw from the facts was that the dominant motive actuating the debtor was that, in making the transfer to his creditor he, the debtor, was doing what he felt himself bound or compelled to do, the case is not of fraudulent preference within the statute. Here the object of the company was to save the company from liquidation. For all these reasons the appeal must be dismissed. There will be no order as to costs.
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